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in accordance with its terms, have been done and taken, and the execution and delivery of the <br />Indenture have been in all respects duly authorized; <br />NOW, THEREFORE, THIS INDENTURE WITNESSETH, that to secure the <br />payment of the principal of, premium, if any, and interest on all Bonds at any time issued and <br />outstanding under this Indenture, according to their tenor, and to secure the performance and <br />observance of all the covenants and conditions therein and herein set forth, and to declare the <br />terms and conditions upon and subject to which the Bonds are to be issued and received, and in <br />consideration of the premises and of the mutual covenants herein contained and of the purchase <br />and acceptance of the Bonds by the owners thereof, and for other valuable consideration, the <br />receipt whereof is hereby acknowledged, the Authority does hereby covenant and agree with the <br />Trustee, for the benefit of the respective owners from time to time of the Bonds, as follows: <br />ARTICLE I <br />DEFINITIONS; EQUAL SECURITY <br />SECTION 1.01. Definitions. Unless the context otherwise requires, the terms <br />defined in this section shall, for all purposes of this Indenture and of any Supplemental <br />Indenture, have the meanings set forth below: <br />"Acquisition Costs" means all costs of acquiring, constructing, installing or <br />improving the Project, including but not limited to: <br />(i) all costs which the Authority or the City shall be required to pay to a <br />manufacturer, vendor or contractor or any other person under the terms of any contract or <br />contracts for the acquisition, construction, installation or improvement of the Project; <br />(ii) obligations of the Authority or the City incurred for labor and materials <br />(including obligations payable to the Authority or the City for actual out -of- pocket expenses of <br />the Authority or the City) in connection with the acquisition, construction, installation or <br />improvement of the Project, including reimbursement to the Authority or the City for all <br />advances and payments made in connection with the Project prior to or after delivery of the <br />Bonds; <br />(iii) the costs of performance or other bonds and any and all types of insurance <br />that may be necessary or appropriate to have in effect during the course of acquisition, <br />construction, installation or improvement of the Project; <br />(iv) all costs of engineering and architectural services, including the actual out - <br />of- pocket costs of the Authority or the City for test borings, surveys, estimates, plans and <br />specifications and preliminary investigations therefor, development fees and sales commissions, <br />and for supervising acquisition, construction, installation and improvement, as well as for the <br />performance of all other duties required by or consequent to the proper acquisition, construction, <br />installation or improvement of the Project; and <br />(v) any stuns required to reimburse the Authority or the City for advances <br />made by the Authority or the City for any of the above items or for any other costs incurred and <br />55394.00011 \8754149.4 2 <br />